Mattie McGrath (Tipperary South, Fianna Fail)
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Question 410: To ask the Minister for Justice, Equality and Law Reform the status of an application for residency by a person (details supplied) in County Tipperary; if a decision will be made as soon as possible; and if he will make a statement on the matter. [20736/08]

Dermot Ahern (Louth, Fianna Fail)
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Long term residency was introduced by way of an administrative scheme in May 2004. The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. Time spent in the State on student conditions cannot be counted towards long term residency. While applications for long term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date.

An application for long term residency from the person referred to by the Deputy was received in August 2007. I understand that applications received in September 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

Mattie McGrath (Tipperary South, Fianna Fail)
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Question 411: To ask the Minister for Justice, Equality and Law Reform the status of an application for residency in the State by a person (details supplied) in County Tipperary; when a decision will be made on the application; and if he will make a statement on the matter. [20749/08]

Dermot Ahern (Louth, Fianna Fail)
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I refer the Deputy to Parliamentary Question No. 218 of Wednesday 9 April 2008 and the written reply to that question.

The person concerned arrived in the State on 3 December 2005 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 22 November 2007, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

The Deputy might wish to note that the person concerned also made an application for permission to remain in the State in accordance with the revised arrangements applicable to the non-Irish National parents of Irish born children born in the State before 1 January 2005. The revised arrangements in question were announced by the Minister for Justice, Equality and Law Reform on 15 January 2005 and the Closing Date for receipt of applications was 31 March 2005. The application of the person concerned was received on 18 January 2006 and, as such, was received too late for consideration. The person concerned was made aware of the non-acceptance of his application by letter dated 25 January 2006.

In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the person concerned is passed to me for decision.